SENATE JUDICIARY COMMITTEE

 

STATEMENT TO

 

SENATE, No. 1747

 

STATE OF NEW JERSEY

 

DATED: FEBRUARY 10, 1997

 

The Senate Judiciary Committee reports favorably Senate Bill No. 1747.

Under this bill, it would be illegal for a list broker to:

1. Sell or purchase personal information about a child without a form signed by the parent authorizing the release.

2. Condition any sale or service to a child or parent on the granting of consent for the release of information about the child.

3. Fail to comply with a request by parent to disclose all sources of personal information about the child; to disclose the nature of the personal information about a child sold by the list broker; or to disclose the identity of persons to whom personal information about the child has been disclosed.

Under the bill, it would be also unlawful for any person to:

1. Fail to comply with a disclosure request from a parent if the person has obtained personal information about a child for commercial purposes.

2. Use information about a child for commercial purposes in connection with a game, contest or club without permission of the parent.

3. Use prisoners or registered sex offenders for data processing of personal information about children.

4. Distribute or receive information about a child, knowing or having reason to believe that the information will be used to abuse or otherwise physically harm the child.

Violations of the bill would be punishable as disorderly persons offenses except for the prohibition against distributing or receiving information with the knowledge that the information will be used to abuse or harm a child which would be graded as a crime of the fourth degree.

In addition to any other penalties which may be imposed for these offenses, the person would be subject to a fine not to exceed three times to amount received for any unlawful sale, resale or rental of person information. Further, a person aggrieved by a violation of the bill could bring an action in the Superior Court, Special Civil Part, Small Claims Division in the county of the child's residence, to enjoin further violations and to recover the actual damages sustained by reason of such violation, including costs and reasonable attorneys fees, or an amount not to exceed $2,000 for each occurrence, whichever is greater.